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PC 03-01-06 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia March 1, 2006 7:00 P.M. CALL TO ORDER TAB 1) January 18, 2006 Minutes.................................................................................................. (A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #01-06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to 133 (Industrial Transition) District withproffers. The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers 33-A-I22A and 33-A-123. Mrs. Eddy.......................................................................... ........... (B) .................................... 5) Other FILE COPY J • • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 18, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Christopher M. Mohn, Red Bud District; George J. Kriz, Gainesboro District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Robert A. Moms, Shawnee District; Gary R. Oates, Stonewall District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Kevin Henry, Planning Technician; and Renee' S. Arlotta, Clerk. CALL TO ORDER Vice Chairman Thomas called the meeting to order at 7:00 p.m. PRESENTATION OF RESOLUTION OF APPRECIATION — CHARLES S. DEHAVEN, JR. Vice Chairman Thomas read a Resolution of Appreciation for departing chairman, Charles S. DeHaven, Jr. Vice Chairman Thomas presented the Resolution of Appreciation to Mr. DeHaven on behalf of the entire Planning Commission. Mr. DeHaven expressed his thanks and he stated what an honor and privilege it had been to serve with the members of the Planning Commission over the years. He was excited that the Commission remained in strong hands and that he and the Board will continue to have the benefit of the Commission's advice and counsel. WELCOME TO NEW MEMBERS OF THE COMMISSION Vice Chairman Thomas welcomed three new members to the Planning Commission: Gregory S. Frederick County Planning Commission Page 1666 Minutes of January 18, 2006 0 0 N V -2 - Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; and Gary R Oates, Stonewall District. ELECTION OF OFFICERS FOR 2006 Election of June S. Wilmot, Chairman Vice Chairman Thomas declared nominations open for Chairman. The nomination of June M. Wilmot for Chairman was made by Commissioner Light and seconded by Commissioner Kriz. The nomination of Roger L. Thomas for Chairman was made by Commissioner Ours and seconded by Commissioner Unger. Motion was made by Commissioner Morris, seconded by Commissioner Light, and unanimously passed to close nominations for Chairman. Motion was made by Commissioner Light, seconded by Commissioner Morris, and unanimously passed to vote by closed ballot, since there were two nominations for Chairman. The Secretary of the Planning Commission, Eric R Lawrence, read aloud the votes cast, with eight votes to Commissioner Wilmot and five votes to Commissioner Thomas. By this majority vote, Commissioner June M. Wilmot was elected as Chairman of the Planning Commission for the year 2006. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby elect June M. Wilmot as Chairman of the Planning Commission for the Year of 2006. Election of Roger L. Thomas, Vice Chairman for 2006 Chairman Wilmot declared nominations open for Vice Chairman. The nomination of Roger L. Thomas was made by Commissioner Morris and seconded by Commissioner Triplett_ Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2006. Frederick County Planning Commission Page 1667 Minutes of January 18, 2006 9 0 n T -3 - Election of Eric R. Lawrence, Secretary for 2006 Chairman Wilmot declared nominations open for Secretary. The nomination of Eric R. Lawrence was made by Commissioner Morris and seconded by Commissioner Triplett. Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Eric R. Lawrence as Secretary of the Planning Commission for the Year of 2006. MEETING SCHEDULE FOR 2006 Upon motion made by Commissioner Kriz and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors meeting room; the Comprehensive Plans & Programs Subcommittee on the second Monday ofeach month at 7:30 p.m. in the first floor conference room; and the Development Review & Regulations Subcommittee on the fourth Thursday of each month at 7:30 p.m. in the first floor conference room. COMMITTEE ASSIGNMENTS FOR 2006 Chairman Wilmot requested that Commissioners who are now serving on either the CPPS (Comprehensive Plans & Programs Subcommittee) or the DRRS (Development Review & Regulations Subcommittee) continue in their current positions. In addition, Chairman Wilmot renewed appointments to the following committees: Commissioner Kriz to the Transportation Committee; Commissioner Thomas to the EDC (Economic Development Commission); Commissioner Unger to the Sanitation Authority; and Commissioner Ours to the Winchester Planning Commission. She noted a vacancy to the HRAB (Historic Resources Advisory Board). PLANNING COMMISSION BY-LAWS FOR 2006 Upon motion made by Commissioner Kriz and seconded by Commissioner Oates, the Planning Commission unanimously adopted the By -Laws for the Year 2006. Frederick County Planning Commission Page 1668 Minutes of January 18, 2006 MON -4— MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the November 16, 2005 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) — 01/09/06 Mtg. & 01/17/06 A. WkSession Commissioner Light reported that the CPPS has held two recent meetings. He said the discussion at the regular committee meeting focused on the extension of the Sewer and Water Service Area (SWSA) to the Roundhill area. The second meeting was a work session with the Board of Supervisors which focused on the current UDA Study. Economic Development Commission (EDC) — 01/13/06 Mtg. Commissioner Thomas reported that the EDC discussed the Targeted Business Area Study. He said the study will be presented to the Board and City Counsel in the upcoming months. Transportation Committee Commissioner Kriz reported there was no meeting in January; however, he understood the Board of Supervisors will be creating a new Transportation Committee. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not already on the Commission's agenda for this evening. No one came forward to speak. Frederick County Planning Commission Page 1669 Minutes of January 18, 2006 ]D �� -5 - PUBLIC HEARING Conditional Use Permit 906-05 of Cingular Wireless-Armel for a 190 -foot monopole telecommunications facility at 218 Tadpole Lane. This property is further identified with P.I.N. 76-A-47 in the Shawnee Magisterial District. Action — Withdrawn by the Applicant Zoning and Subdivision Administrator, Mark R. Cheran, reported that Conditional Use Permit 406-05 of Cingular Wireless-Armel was withdrawn by the applicant. No further action was needed by the Planning Commission. Conditional Use Permit 908-05 of Shenandoah Storage Connection for an off -premise business sign on Route 11 North, approximately 750 feet north from the intersection of Route 11 and Ebert Road. This property is further identified with P.I.N. 44-A-5 in the Stonewall Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, said the proposed non -illuminated, off - premise business sign will be ten feet in height, with a sign face area of 56 feet, and will be located on property adjacent to Martinsburg Pike (Rt. 11). He stated the proposed sign will be located within the Sewer and Water Service Area (SWSA) and the Northeast Land Use Plan (NELUP), and it is also located adjacent to a developmentally—sensitive area (DSA). Mr. Cheran explained that the NELUP encourages higher standards of development along the Martinsburg Pike corridor and the protection of any DSAS. He added that Frederick County has traditionally regulated the height, the size, and the number of signs on properties located in its rural areas, along highways, and adjacent to DSAS. Mr. Cheran further added that the Zoning Ordinance specifies that when considering a conditional use permit (CUP) for an off -premise business sign, additional performance standards should be considered to promote orderly development; these standards shall include the height and size limitations of signs, the placement of signs along highway corridors, and the illumination of signs to mitigate any negative impacts to adjoining properties and uses. Mr. Cheran next read a list ofrecommended conditions, should the Commission find the CUP to be appropriate. Commissioner Light inquired if the size of the sign requested, 56 square feet in face area and 10 feet height, was within the limits of the Zoning Ordinance because he did not think there were any other signs of this size and scale on the Route 11 North corridor. Mr. Cheran replied there were no signs of this scale along the Route 11 North corridor. He said that on -premise rural area signs, or signs along corridors, have been limited to 50 square feet in area and ten feet in height. Mr. Cheran said the sign height for this particular CUP was ten feet maximum. Commissioner Light asked for clarification of staff's recommended Condition #3. He understood that if a multi -use sign is erected for the Carroll Industrial Park, then the sign for Shenandoah Storage Connections will need to be removed, according to Condition #3. Frederick County Planning Commission Page 1670 Minutes of January 18, 2006 P p ma Mr. Cheran said this was the intent; he directed the Commission's attention to the overhead screen and pointed out the Carroll Industrial Park which contained multi -users. He pointed out the location ofthe Shenandoah Storage Connection site and noted there is an approved site plan for the facility which allows a 40 - foot sign by -right. Mr. Cheran said the proposed sign under consideration this evening, is to be placed on the Shirley property. Commissioner Light asked if there was also an existing sign for Shirley's Pools and if the two signs would be placed side-by-side. Mr. Cheran said the sign for Shirley's Pools is a non -conforming sign (grandfathered); he said the two signs will not be placed together. Commissioner Oates observed there was already an existing sign for this business at the entrance; he asked if that sign would be removed or if there were going to be two signs for this business. Mr. Larry Short, the applicant, Stonewall District, explained that Mr. Butcher, the property owner on the northwest comer, said he could place a sign within the existing structure. In addition, the Zuckermans, the property owners behind the Butcher property, allowed him to place a temporary sign. Mr. Short said he would like to have a sign as large as possible at the corner for visibility. Chairman Wilmot called for public comment, however, no one came forward to speak. Upon motion made by Commissioner Light and seconded by Commissioner Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 408-05 of Shenandoah Storage Connection for an off -premise business sign on Route 11 North, approximately 750 feet north from the intersection of Route 11 and Ebert Road, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The sign shall be properly maintained. 3. The sign shall be removed within six months, if any other signs are erected for the industrial park where this business is located. 4. This non -illuminated, off -premise business sign shall not exceed 10 feet in height and 64 square -feet in face area. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. PUBLIC MEETING Rezoning Application #16-05 of Willow Run, submitted by Greenway Engineering, to rezone 347.77 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 12.20 acres from RA (Rural Areas) District to B2 (Business General) District with proffers. This property is located east of Route 37 and Merrimans Lane (Rt. 621), north of Cedar Creek Grade (Rt. 622), and south and west of the City of Winchester. This property is further identified by P.LN.s 53 -A -90,53-A-91, 53-A-92, 53 -A -92A, Frederick County Planning Commission j,. - --j ,J Page 1671 Minutes of January 18, 2006 R ! ', i A i -7- 53 -A -92B, 53 -A -94,53-3-A, and 53 -A -2A in the Shawnee Magisterial District. No Action — Applicant Requested Continuance Planning Director Eric R Lawrence referred to correspondence within the Commission's agenda packet from the applicant requesting a continuance for consideration until February 15, 2006. Mr. Lawrence said the applicant is present and would like to provide additional background on his request. Mr. Evan A. Wyatt with Greenway Engineering, representing the rezoning application for the Willow Run property, said that after the Commission's agenda packet was mailed, the Willow Run team had an opportunity to meet with County officials on the Board of Supervisors, the Planning Commission, and the Planning Staff. Mr. Wyatt said the meeting was very positive and good ideas were shared. He said the owners thought it would be prudent to build on that meeting and for this evening, the owners have requested a continuance; however, instead of the February 15 postponement, they are asking for a waiver of the Commission's time line requirements for 90 -day action. Upon motion by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to waive the Commission's 90 -day time line requirements and postpone the consideration of Rezoning Application 416-05 of Willow Run for an indefinite period of time, depending on when the applicant is ready to come back before the Commission. (Commissioners Mohn and Unger abstained.) ADJOURNMENT Upon motion made by Commissioner Light, seconded by Commissioner Kriz, and unanimously passed, the meeting adjourned at 7:30 p.m. Respectfully submitted, June M. Wilmot, Chairman Eric R Lawrence, Secretary Frederick Countv Planning Commission Page 1672 Minutes of January 18, 2006? aril � `� REZONING APPLICA'T'ION #01-06 CLEARBROO1K RUSINESS CENTER Staff Report for the Planning Commission Prepared: February 14, 2006 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide infora-nation to the Planning Commission and the Board of Supervisors to assist thenx in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: March 1, 2006 Pending 13oard of Supervisors: March 22, 2006 Pending PROPOSAL: To rezone 16.886 acres from RA (Rural Areas) District to 133 (Industrial Transition) District with proffers. LOCATION: The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672). MAGISTERIAL DIS'T'RICT: Stonewall PROPERTY 0 11�TUl" BE'RS: 33 -A -122A, 33-A-123 PROPERTY ZONiiNG: RA (Rural Areas) District. PRESENT USE: Agricultural and Residential ADJOINING PRO-IDERTY ZONING &- PRESENT USE: North: RA (Rural Area) Use: Residential South: RA (Rural Area) Use: Agricultural East: RA (Rural Area) Use: Residential West: RA (Rural Area) Use: Agricultural PROPOSED USES: Business Commercial and Restaurant Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 2 REVIEW EVALIIA T IGNS: Virginia ept. of Transportation: The documentation within the application to rezone this property appears to have significant impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Clearbrook Business Center rezoning application signed November 11, 2005, addresses transportation concerns associated with this request. It should be noted the Traffic Impact Analysis (TIA) indicates that additional turn lanes are required at the intersections of Route 11 and Route 672 north and south. Currently there is not sufficient right-of-way for turn lanes to be constructed to avoid the Level of Service falling to an "F". Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right- of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Staff Note: VDOT comments relate to the original TIA and the proffer statement dated November 11, 2005. VDOT has not yet commented on the amended TIA which shows reduced traffic volumes, and the revised proffer statement dated February 3, 2006. Fire Marshal: Municipal water supply will need to be extended for fire fighting purpose, per Frederick County Code 90-4. Plan approval recommended. Clearbrook Fire & Rescue: Based on proffers to allow, and in the Frederick Co. Fire Marshall's comments. (Staff received verbal confirmation on 2/10/06 that Clearbrook Fire and Rescue has no problem with this application if the Fire Marshall's comments are addressed.) Public Works Department: 1. Refer to Impact Analysis, page 1, Existing Conditions: The discussion of the existing conditions indicates that the two (2) large box culverts under I-81 were installed to access a landlocked parcel on the west side of the interstate. Based on our site visit, we concur that these box culverts are being used to access this property. However, we also suspect that these culverts were primarily designed and constructed to pass the 50 -year storm flows under I-81. Consequently, your rezoning should include provisions for sufficient drainage easements to accommodate these storm flows. 2. Refer to Impact Analysis, page 1, Proposed Development: The discussion refers to 100,000 square feet of heavy industrial use. Verify that this use is allowed in B3 or possibly consider an M2 rezoning. 3. Refer to Impact Analysis, page 1, Physical Impacts: The rezoning needs to address wetlands. Based on our site visits, it appears there are some traces of wetlands on this site within the natural drainage way and manmade pond. 4. Refer to Impact Analysis, page 2: The report refers to traffic impact analysis by Patton, Harris, Rust and Associates. A copy of this report was not included for our review package. Frederick -Winchester Service Authority: No comment. Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 3 Swnitation Authority: I concur with the water & sewer comments. Frederick-Winnchester Health Department: The Health Department has no objection to the proposal considering the new business part utilizes the available public sewer and water. Department of Parks & Recreation: No comment. Department of GIS: Lauren Drive has been approved and accepted into the Frederick County road naming system as noted on the submitted plan. Frederiek County Public schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airtmort: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated January 27, 2006 from Robert T. Mitchell, Jr., Esquire. Historic ResGurces Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. Planning Department: Please see attached letter dated December 28, 2005 from Susan K Eddy, Senior Planner. Planning & Zomna: 4) Site Ixistory The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. ') 'Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 4 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA). The site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The plan further states that `Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor". The proposed B3 Zoning is a business use and is generally consistent with the Northeast Land Use Plan as it relates to this site on Martinsburg Pike. The B3 District, while a business district, is more specifically an industrial transition district. Therefore, many of the comments in the Northeast Land Use Plan concerning industrial uses are relevant. In particular the Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is likely that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed and future inter -parcel connectors considered. Consideration should also be given to screening along Interstate 81. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. These design elements should all be incorporated into this application. Transportation The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. 3) Site Suitabilit"nviroinment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The applicant had a wetlands delineation report prepared for this site. The report concluded that Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 5 "there are no jurisdictional waters of the United States, including wetlands, within the confines of the subject site. However, the Soils Survey of Frederick County, Virginia identifies Thomas Run within the confines of the subject site. Therefore, it is Triad's recommendation that a Jurisdictional Determination (JD) be obtained from the COE (Army Corps of Engineers)." The Army Corps of Engineers has visited the site and confirmed verbally that there is no stream on the site. Written confirmation will be provided at the Master Development Plan stage. The General Soil Map of the Soil Survey of Frederick Count, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet soil association. The only soil type on the sites is Oaklet silt loam, 2 to 7 percent slopes (map symbol 32B), as shown on map sheet number 19 of the survey. This soil type is considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application (see TIA Addendum dated February 13, 2006) assumed 120,000 square feet of heavy industrial floorspace and an 8,000 square foot restaurant. Using trip generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the proposed rezoning is projected to generate 1,197 average daily trips (ADT). The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization at Hopewell Road, for which the applicant has proffered a monetary contribution. (The applicant has also proffered a monetary contribution towards future turn lanes at this intersection.) The applicant has proffered a maximum floorspace of 128,000 square feet, of which a maximum of 8,000 square feet could be a restaurant use. The applicant has also proffered to prohibit gas stations and truck stops. Restaurants and gas stations are large trip generators among the B3 allowed uses. Other high traffic generators allowed in the B3 District include motor freight transportation and warehousing; building materials, hardware, garden supply, mobile home dealers and retail nurseries; and amusement and recreational services operated indoors. There are no precise traffic generation figures for the range of uses allowed in the B3 District. The applicant therefore modeled heavy industrial floorspace. The applicant could build 128,000 square feet of development on this B3 site that might generate more traffic than that which was modeled. While the applicant intends the occupants to be uses such as plumbing contractors, electrical contractors and heavy equipment operators, this is not guaranteed. The applicant should consider prohibiting by proffer other B3 uses which would have high traffic counts, particularly the three listed above (distribution/warehousing, building centers and indoor recreation). This would give the County greater assurance that the development would generate traffic similar to that which was modeled in the TIA. Rezoning 401-06 — Clearbrook Business Center February 14, 2006 Page 6 B. Sewer and Water The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 8, 489 gpd. The applicant will build a sewer pump station to be dedicated to FCSA. The pump station's holding capacity will be designed to hold 50,000 gpd so that additional pumps can be installed in the future to accommodate neighboring parcels. The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons/day/acre for a total of 16,978 gpd. C. Community Facilities In recognition of the impacts that may be realized by the community to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $0.05 per building square foot to Clear Brook Fire and Rescue Department and of $0.05 per building square foot to Frederick County for Fire and Rescue purposes. The timing of this contribution is dependant upon future building permits. 5) Proffer- Statement — Dated January 25, 2006 (Revised February 3, 2006) A) Transportation Access from Martinsburg Pike will be restricted to one commercial entrance. A left turn lane will be installed at the entrance. A pro -rata monetary contribution will be made toward the signalization of the intersection of Route 11 with Hopewell Road and Brucetown Road. A monetary contribution of $2,500.00 will be made towards the acquisition of future right-of-way for turn lanes at the intersection of Route 11 with Hopewell Road and Brucetown Road. An additional ten feet of right-of-way along the entire frontage of the property will be provided. B) Monetary Contribution A financial contribution of $0.05 per building square foot will be made to both the Clear Brook Fire and Rescue Department and to Frederick County. C) Land Use Gasoline service stations, including truck stops, will be prohibited on the site. Floorspace on the site will be limited to 128,000 square feet and only 8,000 square feet of that total can be used for a restaurant. D) Environment A full screen buffer, plus an additional row of evergreens will be placed along neighboring parcels Zoned RA with a residential use at the time of site plan approval. Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 7 S _:,AFF CONCLUSIONS FOR 03/01/06 PLANNING COMMISSION MEEN TING: The land use proposed in this rezoning is consistent with the Northeast Land Use Plan. The TIA as modeled does not represent the full impact of what could happen on the site. Staff would recommend that the applicant consider prohibiting by proffer other B3 uses which would have high traffic counts. Staff would also recommend that the applicant include a commitment to inter -parcel connectors, to increased screening along Route 81 and to controlling the size, number and placement of signs as called for in the Comprehensive Policy Plan. Following the requirerneat for a public hearing, a recommendaticn by Me Planniaa Commission to the Board ofSupervisors coucernin�this rezc��iv�� coplication would be appropriate. The applicant should be prepared to adequatelT� address all concerns raised by the Planning Cowmuission. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, SJR. A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW I s 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL lawyers@hallmonahan.com January 27, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. O. BOX 848 WINCHESTER, VIRGINIA 22604-0845 Re: Clearbrook Business Center (R & J Land Development, L.L.C.) Proposed Proffer Statement Dear Susan: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be suminarized at the beginning as set forth on the attached format. This format has been used on all recent proffer statements. 2. I would recon- nend that the heading "Preliminary Matters" be deleted as a heading for the first paragraph, as the first paragraph is not merely preliminary material, but is the substantive statement that development of the property shall be done in conformity with the proffers thereafter set forth. HALL, MONAHAN, EAGLE, MAHAN &MITCHELL Susan K. Eddy January 27, 2006 Page 2 3. The first sentence of the first paragraph is not a complete sentence. The period should be deleted after the word "District". 4. The heading "Proffers" should be inserted prior to paragraph A. 5. With respect to Proffer A(1)(a)(i), if the intent of this proffer is to limit the access to the property from Martinsburg Pike to one entrance, that should be more clearly stated. For example, "Access to this property from Martinsburg Pike (U.S. Rt. 11) shall be limited to one commercial entrance." 6. With respect to Proffer A.(1)(c)-Signalization, I would recommend that the words "based upon the projected traffic volume generated by the subject site at the time of site plan submission for development be deleted at the end of this proffer. The quoted language may characterize VDOT's method of determining prorated costs, but the prorated amount to be paid must be the amount determined by VDOT, whatever VDOT's method of calculation may be. 7. With respect to Proffer A.(1)(d)-Right of Way Dedication, I believe the description of the land to be dedicated is insufficient. I assume that what is meant to be dedicated is a 10 -foot strip along the entire frontage of the property along Martinsburg Pike. That should be made clear, perhaps with language along the line of "The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land 10 feet in width along the entire frontage of the property on Martinsburg Pike." The second sentence would remain unchanged. 8. With respect to Proffer A.(2) -Monetary Contributions, the term "building square foot" contained in the monetary contribution proffers should be better defined, perhaps by adding the language "as determined by the building footprint times the number of floors." HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 27, 2006 Page 3 9. With respect to Proffer A.(3), I would have the following comments: A. This proffer appears to actually be two separate proffers, and should be set forth as two separate items. B. The proffer regarding "Truck Stops -Retail" should be stated as follows: "The property shall not be used for `Truck Stops -Retail', as referenced in SIC 5541." C. The proffer regarding fuel pumps should be stated something along the following: "No individual business located on the property shall have more than 12 fuel pumps." (If truck stops are being proffered out as a use of the property, a question seems to be presented as to what type of businesses and how many businesses should be permitted on the property which would have up to 12 fuel pumps. However, this is a planning issue to be addressed by the staff and Planning Commission with the applicant.) 10. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. HALL, MONAHAN, ENGLE, MAHAN & MiTCHELL Susan K. Eddy January 27, 2006 Page 4 If there are any questions concerning the foregoing continents, please contact me. Very truly yours, V/� Wd � Robert T. Mitchell, Jr. RTM/ks Enclosure PROPOSED PROFFER STATEMENT REZONING: RZ. # PROPERTY: acres Tax Map Parcel _ RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: , REVISION DATE(S): December 28, 2005 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603-4757 1'. FRE tOPY COUNTY of FREDERICK Department of Planning and Deveiap-ment RE: Proposed Rezoning of Clearbrook Business Center Dear Gary: 540/665-5651 FAX: 540/665-6395 I have had the opportunity to review the draft rezoning application for the Clearbrook Business Center. This application seeks to rezone 16.886 acres from RA (Rural Areas) District to the B3 (Industrial Transition) District. Staff's review comments are listed below for your consideration. 1. Northeast Land Use Plan. The site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The plan further states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor. The development of business and commercial land uses are encouraged at designated signalized road intersections". The proposed B3 Zoning is a business use and is generally consistent with the Northeast Land Use Plan as it relates to this site on Martinsburg Pike. 2. Northeast Land Use Plan. The B3 District, while a business district, is more specifically an industrial transition district. Therefore, many of the comments in the Northeast Land Use Plan concerning industrial uses are relevant. In particular the Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is likely that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed and future inter -parcel connectors considered. Consideration should also be given to screening along Interstate 81. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. Gary Oates RE: Proposed Rezoning of Clearbrook Business Center December 28, 2005 3. Northeast Land Use Plan. The plan calls for Level of Service Category C or better for proposed industrial and commercial development. This application does not provide that Level of Service. See TIA comments below. 4. Northeast Land Use Plan. The plan calls for improving Martinsburg Pike (Route 11 North) to a four -lane facility. The applicant has proffered a left turn lane into the site and additional right-of-way along Route 11. The applicant will need to work with VDOT to insure this meets the ultimate requirements for Route 11 North. 5. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. These design elements should all be incorporated into this application. 6. Impact Assessment Statement — Proposed Uses. The application states the rezoning is for 8,000 square feet of restaurant space, a 3,000 square foot gas station, and 100,000 square feet of other space. The TIA further includes 12 gas pumps and identifies the 100,000 square feet of other as heavy industry. Heavy Industry is not allowed in the B3 District. It is only allowed in the M2 (Industrial General) District. Furthermore, unless a specific use and/or floorspace is proffered, the County will assume the maximum possible development as per the County's rezoning application (18,848 square feet of retail per acre in the B3 District). The applicant will need to base the TIA and all analysis on 318,267 square feet of retail development (18,848 x 16.886 acres) unless the proffers insure a lesser scale of development. 7. Impact Assessment Statement — Existing Conditions. The application mentions access to a land locked parcel west of Interstate 81. Greater detail of this situation and future access would be helpful. 8. Traffic Impact Analysis. As stated previously, the Northeast Land Use Plan calls for Level of Service C or better. Even with the suggested improvements in the TIA, Level of Service C is not provided. Furthermore, the TIA suggested improvements include signalization and an eastbound left turn lane and a northbound left turn lane at the intersection of Route 11 /Hopewell Road/Brucetown Road. Only a pro -rata share of the signalization is proffered. The turn lanes are not proffered. Page 3 Mir. Gary Oates RE: Proposed Rezoning of Clearbrook Business Center December 28, 2005 9. Proffer Statement. The applicant has proffered to prohibit truck stops and proffered to limit to 12 the number of fuel pumps for any one business. However, the TIA only modeled 12 fuel pumps and the gas station with mart is clearly the largest traffic generator on site. Therefore, the proffer should be changed to limit the number of fuel pumps on the entire site to 12. Also, see earlier comments on proffering maximum floorspace and uses. 10. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Clearbrook Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 11. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $4,739.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, rX1 Susan K. Eddy, AICP Senior Planner SKE/dlw cc: R and J Land Development, LLC, 1631 Redbud Road, Winchester, VA 22603 33 A 113 BLAIN, BRADLEY K vn /10001, 33 A 114C HMC, LP, LLP 33 A 124 BLAIN, BRADLEY K 33 A 123A OPEN DOOR BAPTIST CHURCH 33 A 1148 HMC, LP, LLP Ila �'NI._ w• ox, Ilii h ouse ORNDOFF HARLES33 A 7W/LLIAMSR y00 033 � 4i Py o ,.Pa ✓R tib" ^oPe P P 33 A 125 r `VAHIDI, MOHEBATULLAH J J �90FF, m Fp �� 00, At ♦ d� 9 33 A 123 �m R d J LAND DEVELOPMENT, LLC o STRORk� F A 7C /. R6✓ JJ RFpFRi k LC STF/NJJ A f77 33 A 1gpRPW �HARR/s"JR pfVERs BpR 11 P s'�0PQ3'� 9�' 0PP 33 A 114A MSD INVESTMENTS, LLC L11 HMC, LP, LLP �e�. ♦yit, Map Features Zoning Application ^/ Bridges /V Culverts B7(Businees,NeighborhoodDistrict) • . MS (Medical Support District) REZ # 01 06 Lakes/Ponds ^V Dams B2 (Business, General District) B3 (Business, Industrial � R4 (Residential, Planned Community District) Streams < <y' Retaining Walls Transition District) + R5 (Residential Recreational Community District) a► EM (Extractive Manufacturing District) Q RA(RuralAreas District) Clearbrook Business Buildings Road Centerlines <# HE (Higher Education District) Q RP (Residential Performance District) Tanks + MI(Industrial,Light District) Parcels �v w -a M2 (Industrial, General District) MH1 (Mobile Home Community N Center OSWSA �. Trails ,DDA District) 0 100200 400 W E Feet ( 33 - A -122A, 123 ) S L,.= AN 3 A 113 r �. r1iAr,,BRAnicrK •a" � � �bd,3' � BLAW, BRREILEY W �1 ✓ �.� • 4` r} • G ♦ }�.��` F I ' T s � - - YAkl17! AW EBA7ULL:); �P,g. t ss `i eOCG'u*J � rr S0 FEI C.COk BPP S1 CHJk .. •k�� C .T -�f� � f� a _ RE3L4ND bE4ElDPMEM7, LlC � ?% 7�,Tilyr� B P •33 A,111C: Mt a R4Jr^,d -'D4 HMC, LP; LLPi ~I : y•, ' �°�9 A i RA8'G`k ite Ar�1! � � i?1 S3 P 11 PAW '1i¢Ris'f� gevcaS.BARB 41 a4 A ' �' j• D- YINERRLB (CNEMS 4 - 93 A 1118 � WMC,LP; LLP - ,�y9 G f> MSD INVESTMER TS, lIC 01; o i r 11 �, 4 H1eq F Gf . X33 WYC, LP, LLP �� r ` # t �' " Sruceaown Hd Map Features Zoning tion /\/ Bridges N Culverts B1 (Business, Neighborhood District ( Support District) 9 ) MS Medical Su — R E Z # 01 06 Lakes/ Lakes/Ponds ^V Dams B2 (Business, General District) + R4 (Residential, Planned Community District) B3 (Business, Industrial Streams ^...* Retaining Walls Transition District) * R5 (Residential Recreational Community District) f EM (Extractive Manufacturing District) 0 RA (Rural Areas Distinct) Clearbrook Business Buildings Road Centerlines HE (Higher Education District) 0 RP (Residential Performance District) Tanks 1rr Mi (Industrial, Light District) Parcels �v M2 M2 (Industrial, Genesi District) N (Mobile Home Community District) Center swsA �� [)pA 0 100200 400 �, E ® Feet ( 33 - A -122A, 123 ) S r- f 33 A 113 BLAIN, BRADLEY K 33A 114C HMC, LP, LLP 33A 164A HMC, LP, LLP '"' ORNDO� 33 yGNARL'S A WILLIAM Lakes/Ponds SR (z� f 33 A p� •y�g11Fs,H 9 h BLAIN, BRADLEY ,Y �, Pp � Parcels XS /Trails © SWSA 0 qi UDA h 33 A 125 `YAHIDI, MOHEBATULLAH fJ3 -t.. if MAOFf, Fairy B 8 FF �� 33 A 123Ap0 iP✓ 4C.9 OPEN DOOR BAPTIST CHURCH ( - it ��'9 •� ' 33 A 123 � R 8 J LAND DEVELOPMENT, LLC d ply ! ~ RBJ�H ST RONHOrF�pFRCK 3 A ? ! 2 D FLFt1� A Nh 8U 4fFNT 4tc j([ STF/N33 A 1Z1 .N'9'PR/S, 3S p�,BP�W DEVERS1gPR �✓R 11 33 A 1148 HMC, LP, LLP Map Features Application ^N/ Bridges /N/ Culverts Lakes/Ponds ^V Dams +v— Streams ,ls' Retaining Walls Buildings Road Centerlines Orm1m MSD INVESTMENTS LLC Parcels ^001 /Trails © SWSA 0 qi UDA Landuse Category Rural esidential community center REZ # 01 - 06 Residential Business ® Industrial Institutional Clearbrook Business ® Recreation Center G`q Historic N ® Mixed -Use 0 100200 400 400 E (33 - A -122A, 123 ) ® Planned Unit Development W S d 33 A 114A •'41 MSD INVESTMENTS LLC . l h 1 s Landuse Category Rural esidential community center REZ # 01 - 06 Residential Business ® Industrial Institutional Clearbrook Business ® Recreation Center G`q Historic N ® Mixed -Use 0 100200 400 400 E (33 - A -122A, 123 ) ® Planned Unit Development W S Rezoning: RZ # 01-06 Property.- Area: 16.886 acres Tax Parcels 33-(A)-122fi & 33-(A)-123 Record Owner: 11 & J Land Development, L.L.C. Applicayit: Jeffery G. Jenkhis & Rosanna M. Jenkins Project Name: Clearbrook Business Center Original Date of Proffers: Revised D -ate Pruffers: T,4?,gisterial :District: January 25, 2006 February 3, 2006 Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01-06 for rezoning of 16.886 -acres from the RA District to Industrial Transition (B-3) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development, LLC, from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. Proffers: A. On -Site and Off-site Improvements 1. Transportation a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Turn lane i. The applicant hereby proffers to install a left -turn lane for the entrance per VDOT Road Design Manual. This will be built prior to applying for and obtaining any building permits. c. Signalization i. The applicant, R & J Land Development, LLC, hereby proffers to contribute a prorated share of cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off-site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also determine when this improvement will be warranted. The applicant shall enter into a 96signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The applicant also proffers an additional $2,500 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted d. Right of Way Dedication i. The applicant hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The dedication will take place prior to site plan approval. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the applicant hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be the combined floor area for each story. i. The applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire & Rescue Department the following amount: $0.05 per building square foot ii. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, the following amount: $0.05 per building square foot The applicant hereby voluntarily prohibits all uses as defined by SIC 5541 — "Gasoline Service Stations" due their associated high traffic. These are: a. Automobile service stations -retail b. Filling Stations, gasoline -retail c. Gasoline and Oil -Retail d. Marine service stations -retail e. Service Station, gasoline -retail f. Truck stops -retail 4. The applicant hereby voluntarily prohibits the combined building floor area to not exceed 128,000 square feet on this site. The applicant further prohibits that a "restaurant use" as defined by SIC 581 shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreens trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: R & J Land Development, LLC By:� JeY. .-Jenkins Date Rosajiria M. JenkAhs �`�� Date Commonwealth of Virginia, C�/County of To Wit: The foregoing instrument was acknowledged before me this )P day of 2006 By Notary Public My Commission Expires "' "'"``� 1 `� 2�'C' Impact Statement For consideration of Rezoning the lands for the Clearbrook Business Center Stonewall Magisterial District Frederick County, Virginia November 1, 2005 Revised February 13, 2006 Tax Map Numbers 33 -(A) -122A 33-(A)-123 Total Area: 16.886 acres Owner: R & J Land Development, LLC 1631 Redbud Road Winchester, VA 22603 (540)974-6768 Contact: Gary R. Oates, LS -B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax Clearbrook Business Center Rezoning Introduction The site is located between Interstate 81 and Martinsburg Pike (US Route 11) about 2,000' north of exit 321 in Clearbrook, VA. The site has been used for several rental mobile homes and structures in the past. The current is seeking a change in zoning from RA to B-3 to create a business park that is consistent with the Frederick County Comprehensive Plan. Existing Conditions The applicant has removed all but one rental trailer and has removed several loads of trash and debris. The majority of the property is now a hayfield and a topsoil stockpile located in the center of the site. There are two large box culverts under Interstate 81 that were installed as access to a landlocked parcel on the west side of the Interstate. The applicant will continue to grant access to those neighbors access from Route 11. Comprehensive Planning The site is intended to be zoned to business/commercial per the comprehensive plan and public water and sewer is available at the site. The benefit to Frederick County by approving this rezoning will be a positive economic impact and employment opportunities for our citizens. Proposed Development The applicant plans to remove all buildings. The site will be graded, landscaped, and a commercial entrance installed that will meet current regulations. There are not any tenants for the property; therefore, the traffic and fiscal impacts will assume an 8,000 sf restaurant and 120,000 sf of industrial use with associated parking. Physical Impacts The site is not located near any 100 year flood plains. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Surrounding Properties The site is bounded by Route 11 to the east and Interstate 81 to the west. The southern properties are a large cornfield and a residence. The northern parcel is a residence on +/-14 acres. All parcels are intended to become commercial as indicated by the Comprehensive Plan. Traffic Impact and Analysis See attached report by PHR&A. Sewer Conveyance and Treatment The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 8,489 gpd. The applicant will build a sewer pump station to be dedicated to the FCSA. The pump station's holding capacity will be designed to handle a 50,000 gpd so that additional pumps can be installed in the future to accommodate neighboring parcels. Water Supply The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons/day/acre for a total of 16,978 gpd. Drainage The site currently drains from Interstate 81 to the east. This development will adhere to the Frederick County Ordinance and to the guidelines set forth by the Department of Public Works for stormwater management and quality. Solid Waste Disposal The solid waste will be transferred to the Frederick County Landfill Facility by licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. Police Fire and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.05 per building square directly to the Clearbrook Volunteer Fire Department and also $0.05 per building square to the County for fire and rescue services. 2 Parks & Recreation Impact The only impact to the Parks might some of the businesses signing up for shelters for company picnics. This development is not expected to increase population; therefore, no measurable impacts are predicted. Patton Harris Engineers. Si rveyors. PR+A H Rust & Associates, pc Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 Phone: 304.264.2711 Fax: 304.264.3671 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: Susan Eddy Frederick County Planning Department Michael Glickman, PE Addend, im February 13, 2006 An Addendum to: A Trac Ir�ti�act Analysis of the Clearbrook Proberties 13957-1-0 Patton Harris Rust & Associates, pc (PHR+A) has prepared an addendum to: A TracWactAnal2sis of the Clearbrook Properties. by PHR+A, dated October 13, 2005. The Clearbrook development is to be located along the west side of Route 11, north of Hopewell Road, in Frederick County, Virginia. The purpose of this document is to present a revised development scenario that would result in levels of service of "C" or better at the intersection of Route 11/Hopewell Road/Brucetown Road during 2008 build -out conditions. This includes the removal the proposed gas station and includes an additional 20,000 square feet of general heavy industrial. Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trio Generation R0q!t, PHR+A has prepared 'gable 1 to summarize the trip generation for the revised Clearbrook development. Due to Right -of -Way constraints along Hopewell Road, the transportation improvements assumed were limited to: 1) The signalizadon of the intersection of Route ll/Hopewell Road/Brucetown Road; and 2) Converting the existing two-way left -turn lane along Route 11 into separate northbound and southbound left -turn lanes. Figure 1 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. Figure 2 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. T able 1 Proposed iDevetopri rent: Clearbrook }properties Trip Generation Summary Code Land Use � Amount in AM Peak Hour Out Total In PM Peak Dour Out Total ADT 120 GA Heavy Industrial 120,000 SF 54 _ 7 61 3 20 23 180 932 H -T Restaurant 8,000 SF 48 44 92 53 34 87 1,017 Total Proposed Development 102 52 153 56 54 110 1,197 Page 1 of 3 Panton Harris Rust & Associates, pc No Scale go Figure I Addendum T o : Lloyd Ingram Page 2 of 3 AM Peak Hour(PM Peak Hour) 2008 Build-Ouf Peak i1 -loin- Tr aa��.c `b'olui—nes Engineers . Surveyors o Planners c Landscape Architects Patton Harris Rust & Associates, pc. Addendum T o : Lloyd Ingram Page 3 of 3 s Denotes stop sign control IDenotes traffic signal control Denotes two-way left turn lane Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Dour) Engineers & Surveyors o Flansaers a Landscape ArchFiects A Traffic Impact Analysis of the (-Ae;arbrook. Properties Located in: Frederick County, Virginia Prepared for: Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Prepared by: Patton Harris Rust &! Associates, pc Enjneers. Surveyors. Planners. Lcndsccpe Architects. 300 Foxcroft Avenue, Suite 200 "> Martinsburg, West Virginia 25401 + T 304.264.2711 F 304.264.3671 October 13, 2005 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Clearbrook Properties located along the north side of Hopewell Road, west of Route 11 (Martinsburg Pike), in Frederick County, Virginia. The proposed project is to be comprised of 100,000 square feet of general heavy industrial, an 8,000 square foot restaurant and a convenience market with 12 pumps. Access to the site is to be provided via a single (1) site -driveway along Route 11 (Martinsburg Pike). The project is to be built -out over a single transportation phase by the year 2008. Figure 1 is provided to illustrate the location of the proposed Clearbrook Properties with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Clearbrook Properties were obtained through a sequence of activities as the narratives that follow document: : Assessment of background traffic including other planned projects in the study area, • Calculation of trip generation for the proposed Clearbrook Properties, • Distribution and assignment of the Clearbrook Properties development -generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS -2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.4 % based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS -2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis o/ the Clearbrook Properties PH+A Project Number: 13957-1-0 October 13, 2005 Page I I No Scale L N—A Figure I Vicinity Mair - Cgearbrook Properties in Frederick County, VA A Tra zc Im act Analysis o rthe Clearbrook Pro ernes p a�� Project Number: 13957-1-0 p—;- - October 13, 2005 T -fPage 2 r AY r°�c r i�• i SITEr � f (r y. �i k •� d.5 r'"'"te .l — S A F > k Gleabruok Pam s `' r' # ,r �r L N—A Figure I Vicinity Mair - Cgearbrook Properties in Frederick County, VA A Tra zc Im act Analysis o rthe Clearbrook Pro ernes p a�� Project Number: 13957-1-0 p—;- - October 13, 2005 T -fPage 2 4 Weak Hour(PM Weak Hot Average Daily Trips A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 October 13, 2005 Page 3 �I No Scale ZDenotes stop sib control Denotes two-way left turn lane * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Fignl1e 3 EXistirng Lane Geometry and Levels of Service A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 { October 13, 2005 Page 4 2008 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2004) for Route 11 within the vicinity of the site, a growth rate of 2.7 % was calculated. PHR+A, however, applied a conservative annual growth rate of four percent (4 %) per year to the existing traffic volumes along Route 11 and Hopewell Road (shown in Figure 2) to obtain 2008 base conditions. Figure 4 shows the 2008 background ADT and AWPM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the respective 2008 background lane geometry and AM/PM peak hour levels of service. All -T-ICS-2000 levels of service worksheets are included in the Appendix section of this report. _ A Traffic Impact Analvsis of the Clearbrook Properties ProjectNumber: 13957-1-0 `®_1 October 13, 2005 Page 5 No Scale Site -driveway 11 AM Peak Hour(PM Peak Hour) LFigure ¢ 2008 Background Peak Hour Traffie Volumes PH- -R+i� H 1 ra.111C 1/ll uu nnuvow v - - Project Number: 13957-1-0 October 13, 2005 Page 6 ev Road �,�� 44(52) 61(58) 66-076 (37)6j ter (60)Sg b b 11 AM Peak Hour(PM Peak Hour) LFigure ¢ 2008 Background Peak Hour Traffie Volumes PH- -R+i� H 1 ra.111C 1/ll uu nnuvow v - - Project Number: 13957-1-0 October 13, 2005 Page 6 >tes stop sign control i,o-way left turn lane ea Critical Movement [four (PM Peak Hour' I I Figure 5 26,08 Background Lane Geometry and Levee of Service A Tra is Impact Analysis of the Clearbrook Properties + Project Number: 13957-1-0 October 13, 2005 Page 7 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Tri Generation Report, PHR+A has prepared Table 1 to summarize the trip generation for the proposed Clearbrook Properties. Table 1 Proposed Development: Clearbrook Properties Code Land Use 1 1 1 Amount V ----- In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 120 GA Heavy Industrial 100,000 SF 45 6 51 2 17 19 150 932 H -T Restaurant 8,000 SF 48 44 92 53 34 87 1,017 945 Gas Station wl Mart 12 pumps 60 60 121 8o 80 161 1,953 Total Proposed Development 153 111 264 136 131 • 267 3,121 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Clearbrook Properties site. Figure 7 shows the respective development -generated AMIPM peak hour trips and ADT assignments at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. 2008 BUILD -OUT CONDITIONS The Clearbrook Properties assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. A Traffic hnpact Analysis of the C earyrook-rOperlLeJ Project Number: 1-0 J'rJH Octoberr 13 13, , 2005 Page 8 II Figure 6 PHT-�-+Plll- 'rip Distribution Percentages A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 October 13; 2005 Page 9 No Scale 11 ti ti Site-drivewa (13)11 f (118)100 Q; w 40 .c Site -driveway N (p b q 0 pek'e11� Road r ! 40— cetown Rom,. (75)84 -46* )r A 11 AM Peak Hour (PM Peak Hour) F gure 7 Development -Generated Trip Assigpmeut A Traffic linpact Analysis of the Clearbrook Properties Project Number: 13957-1-0 j+I_ 10 P H -P October 13, 20 Page 10 T� No Scale ti~ro�� ro 'w/ Site -driveway (13)11 (118)100 i1 Site _drivewa i o b v $p 70(53) we71 Road ,tea 44(52) ^� 61(58) grucetm"Road ( (37)61 (60)Sg V N b � AM Peak Hour(PM Peak Hour) LP, J?+A Average Daily TAPS -j Figure 8 20(,8 Build -Out Peals Hour Traffic olumeS A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 -R+j, October 13, 2005 HPage 11 No Scale Signalized "Suggested Intersection Improvements" LOS=C(C) Signalization U& EB - I left -turn Q°j� UU 11 DOE)) cn)C Unsignalized Intersection p NOTE- Assumed it):second yellow/red clearance for tyre eastbound and'. Site-dr1VWa}t} westbound -direction[oaccounf- *B)Bd 'ee �1_ forhe it) L °PeWe 11 d Q �cetow,Road # 0 E � fit, Unsignalized/�� Intersection 11 1 Denotes stop sign control Denotes traffic signal control Denotes two-way left turn lane * Denotes Unsignalized Critical Movement � + AM Peak Hour (P M Peak Hour) Figure 9 2008 Build -Out Lane Geometry and Levels of Service A Trak Impact Analvsis of the Clearbrook Properties Project Number: Octoberr 13 13, , 2005 Page 12 CONCLUSION The traffic impacts associated with the proposed Clearbrook Properties are acceptable and manageable. Per the VDOT Road Design Manual, PHR+A also evaluated the need for turn lanes along Route 11 at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road and Route 11/site-driveway. The following describes the recommended roadway improvements for each of the study area intersections (also shown in Figure 9 for build -out conditions): + Route 11/Hopewell Road/Brucetown Road: Signalization and one eastbound left - turn lane will be required to maintain acceptable levels of service during 2008 build -out conditions. Also, one northbound left -turn lane is warranted per the VDOT Road Design Manual * Route 11/Site-Driveway: Per the VDOT Road Design Manual, one northbound left - turn lane is warranted. A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 October 13, 2005 1 Page 13 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be completed by Planning Staff: ting Amendment Number Hearing Date Fee Amount Paid $ z173?: a is Date Received e 64 BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. Telephone: 540-667-2001 Address: 1073 Redbud Road Winchester. Virginia 22603 2. Property Owner (if different than above) Name: R & J Land Development, LLC Telephone: 540-974-6768 Address: 1631 Redbud Road _Winchester. Virginia 22603 3. Contact person if other than above Name: Gary R. Oates, LS -B, PE Telephone: 540-667-2001 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jeffery G Jenkins & Rosanna M. Jenkins 6. A) Current Use of the Property: Agricultural and Residential B) Proposed Use of the Property: Business -Commercial (B-3 zoning uses 7. Adjoining Property: PARCEL ID NUMBER USE 33 -(A) -114B 33-(A)-122 33 -(A) -123A 33 -(A) -124D 33-(A)-121 33-(A)-125 Agriculture Residential Agriculture Residential Residential Residential RA RA RA RA RA RA ZONING 3. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the west side of Route 11 and +/- 2000' north of Rte 672 (Hopewell Road) also known as exit 321 of Interstate 81. 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33 -(A) -122A & 33-(A)-123 Magisterial: Stonewall Fire Service: Clearbrook Rescue Service: Clearbrook Districts High School: James Wood Middle School: James Wood Elementary School: Stonewall 10. Zoning Charige: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.608 RA B-3 14.278 RA B-3 16.886 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: 0 Non -Residential Lots: 0 Office: Retail: Restaurant: 8,000 Number of Units Proposed Townhome: 0 Multi -Family: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Pronosed Uses _ Service Station: Manufacturing: _ Warehouse: Other: 120,000 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): - r Date: Date: Owner(s): 14 Date: Date: Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-cf-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name MSD Investments, LLC 111 Hickory Hill Stephens City, VA 22655 Property # 33 -(A) -114A Name HMC, LP, LLP 920 Hopewell Road Clearbrook, VA 22624 Property # 33 -(A) -114B NameP.O. Barbara Devers Box 212 Clearbrook, VA 22624 Property # 33-(A)-121 NameP.O. M. Harris Stein, Jr Box 114 Clearbrook, VA 22624 Property # 33-(A)-122 Name Open Door Baptist Church c/o Pastor Ken Smith 2587 Northwestern Pike Winchester, VA 22603 Property # 33 -(A) -123A Name Bradley K. Blaine 35 Flatt Road Rochester, NY 14623 Property # 33-(A)-124 Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Property # 33 -(A) -124D Name MOHEBATULLAH VAHIDI 794 Center Street Herndon, VA 20170 Property # 33-(A)-125 Name Property # 15 Special Limited Power of Attorney County of Frederick, Virginia Planning Ogee, County of Frederic', VirOxia, 1A7 North Kent Street, WaDchester, Virj�nis 22601 F%c4e '540-665-5561 IIc aesinile S44-"5-43545 Know All Men 3y Thcsc Presents: That i (We) � p Jeff & Rosanna Jenkins (AICA R&J Land Development) ( 974_6768 (Address) 1631 Redbud Road, Winchester, VA :2603 the owncr(s) of all those tracts or parcels of land (`Property") conveyed to me (us), by decd recorded in the Cleric's Office of the Circuit Court of the County of Frederick, Virginia, by instzurr.,cnt No- 030022368 & 050002818 ,and is described Ls Parcel. 33 Lot: A Bloch Sectiow do hereby make, constitute and appoint: Subdivision: 122A & 123 (Name) 6reyWyolfe, Inc - Gary R. Oates, LS -B, FSE (phone) 667-2001 (Add..css) 1073 Redbud Road, Winchester, VA 22603-4757 To act as my true and lawful i norney-in-fact for and in my (our) nano, place and stead with full power and authority 1(we) would have if ming pzrsonally to file planning applications for my (our) above dexter -bed Property, including: Q Rezoning (Ioclwdieg proffers) ❑ (7ondifion2tl Use Permits ❑ Master De-mlopment Plan (Prefiminzry 2.sd 1l±-rmatl) ❑ Saebdlvision ❑ Site'Maan My sttemey-in-fact shall have th= amt-zwity to offer proffered candiiions and to make amendments to p rviously approved paoffcmd conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified - In witnn.ss t of, we) have hereto ( and and seal this 0 day of Sigratw ! _-- State of Virginia�Oft� o typo f L:Ir 1,( r l (_ C�— , To -wit: p %'�� 1 1, 1,A cdl) 1 4'a t�octtary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before, me and has acknowlec�c�*ed mt the sae bore me in e jurisdiction aforesaid this � day of Lt�2`/�-- My Commission Expires --- No Pubb SQUARE 80LT AT BASE OF INTERSTATE 81 VRIABLE WIDTH R. 0. W. DB 284, PG 76 LOCUST TREE C-1 N 26°0723" E - 953.31' 1 150.042' 00-44'51- 75.02' 526°48'05-W 5/e 'IRF C-2 z 1 400.513' 01-59'44- 200.28' 33-(A)-123 33 -(A) -114A R & J DEVELOPMENT, LLC MSD 4Z#030022368 INVESTMENTS, LLC ZONED: RA #030016289 USE. AGR. ZONED: RA o 14.278 ACRES USE: AGR. 33 -(A) -122A 134 ACRES R & J DEVELOPMENT, LLC 528°45'00" W - 547.72' #050002818 �� POST � O"�� , p ZONED: RA 5/a 'IRF 156.24' POST USE., AGR. i 33-(A)-122 a 2.608 ACRES I M. HARRIS STEIN, JR DB 574, PG 72 ZONED: RA iUSE: RES. — 15 AC. 75.00' N 63053'01" W ® 73.26' N26°0659"Ern ti w 5/a 'IRF C-2 33-(A)-125 MOHEBATULLAH VAHIDI #050012825 ZONED: RA USE: AGR. 114 ACRES Ln rn A O i 5/a 'IRFAT S 650 E-0.60' FROM R. 0. W. ROUTE 11 - MAR77NSBURG PIKE 1750' TO RT 671 f 80'R, 0. W. CEDAR HILL RD. LEGEND AGR = AGRICULTURE 200' 0' 200 RES = RESIDENTIAL R. 0. W. = RIGHT OF WAY GRAPHIC' SCALE O = PROPERTY CORNER FOUND CURVE TABLE # RADIUS LENGTH DELTA TANGENT BEARING CHORD C-1 11 499.16 1 150.042' 00-44'51- 75.02' 526°48'05-W 150.04' C-2 11499.16 1 400.513' 01-59'44- 200.28' S 28°1023" W 400.49' FIT101=1 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN APRIL OF 2005. 2. THE BASIS OF MERIDIAN IS BASED UPON SURVEY RECORDED AT DEED BOOK 567 ON PAGE 557. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THA TARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I. R.M. COMMUNITY PANEL -No. 510063 0075B -IN FLOOD ZONE 'C' AREAS OF MINIMAL FLOODING. PAR n n _ �A' ' D ',IM � CDV E,`E TO OP6:� DOOR RAPIST C','L q0C AT INS TRL i LcAlT 050010414. .�. A PvRTivi✓CFrnnC_� 33 � �-iu rr,ti.� 6�r�.D i; FINAL PLAT OF A BOUNDARY SURVEY FOR TH OF IrI�C THE LANDS OF , R & J LAND DEVELOPMENT,. LLC O STONEWALL MAGISTERIAL DISTRICT GARY R, GATES v FREDERICK COUNTY, VIRGINIA No, 002331 1073 Redbud Road r f G- re 'll olf e. Inc. Winchester, VA 22603 SURv��a} � ► _ Land Surveying and Consulting G540-545-7823 OFCm 540-545-4001 FAX FILE NO: 0119 DATE: OCTOBER 37605 SCALE: 1 " = 2007F SHEET 1 OF 1